Case law

SE Pa. Transp. Auth. v. INTERN. ASS'N OF MACH.

708 F. Supp. 659 · District Court, E.D. Pennsylvania · Mar 8, 1989

Policy statements of some of the defendant unions qualify this side letter clause. … NLRB, 536 F.2d 550, 555 (3d Cir.1976 ("a waiver of a statutory right must be clearly and unmistakably established, ... and express language will not be read expansively"). "The extent of the waiver ...

United States v. Pennsalt Chemicals Corporation

260 F. Supp. 171 · District Court, E.D. Pennsylvania · Feb 3, 1966

If defendants are correct that they have no preliminary burden to establish wrongdoing, then they are clearly entitled to have the interrogatories answered. 8 Accordingly despite their voluminous briefs, since they start … Specifically, the defendants placed heavy emphasis on the fact that the government granted immunity from prosecution to all their important officials.

Constitution Party v. Cortes

116 F. Supp. 3d 486 · District Court, E.D. Pennsylvania · Jul 23, 2015

In earlier years, plaintiffs have qualified as minor political parties. Pis.’ … Defendants agree that plaintiffs each qualified as minor parties during prior elections. Defendants and plaintiffs dispute in what years plaintiffs qualified as minor parties. .

Daniel B. v. O'BANNON

633 F. Supp. 919 · District Court, E.D. Pennsylvania · Mar 12, 1986

To have established a violation of § 504, plaintiffs would have had to prove that: (1) they are handicapped within the meaning of the Act; (2) they are otherwise qualified for the services sought; (3) they were excluded from … Plaintiffs also would have had difficulty in establishing a constitutional right to CLA placement.

Mitnik v. Cannon

784 F. Supp. 1190 · District Court, E.D. Pennsylvania · Feb 21, 1992

These ministerial tasks included establishing an opening balance sheet for the pension trust, establishing and maintaining books of original entry, recording and reconciling trust transactions on an annual basis and preparing … matters would use in the conduct of an enterprise of a like character and with like aims; (C) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly

Fed. Trade Comm'n v. Abbvie Inc.

329 F. Supp. 3d 98 · District Court, E.D. Pennsylvania · Jun 29, 2018

"[A]ctivity 'ostensibly directed toward influencing governmental action' does not qualify for [First Amendment] immunity if it 'is a mere sham to cover ... an attempt to interfere directly with the business relationships … Clearly, a frivolous lawsuit under those same circumstances is also a sham.

Madera v. Ameriquest Mortgage Co.

388 B.R. 586 · District Court, E.D. Pennsylvania · May 8, 2008

To show an abuse of discretion, appellants must show that the district court’s action was arbitrary, fanciful or clearly unreasonable. … The title insurance issue was clearly raised by appellee throughout the course of the litigation.

Kramer v. Newman

840 F. Supp. 325 · District Court, E.D. Pennsylvania · Mar 12, 1993

The evidence, viewed in the light most favorable to plaintiff, clearly establishes that Kramer was given proper notice of his proposed dismissal in accordance with the mandate of § 11-1127. … Kramer’s own testimony does not establish that the arbitration proceedings were tainted.

American Ambulance Service of Pennsylvania, Inc. v. Sullivan

716 F. Supp. 861 · District Court, E.D. Pennsylvania · Jun 30, 1989

Thus, prior to 1986, the Supreme Court had clearly held that no judicial review was available for Part B claims. This holding, however, was modified by Bowen v. … Letter 10-80 merely clarifies the type of documentation that will suffice to establish that ambulance services are reimbursable.

Sala v. National Railroad Passenger Corp.

120 F.R.D. 494 · District Court, E.D. Pennsylvania · Apr 29, 1988

Plaintiff must further establish that the action falls within one of the three categories proscribed by Fed.R.Civ.P. 23(b). … Moreover, the issue of causation in this case can similarly be established on a class wide basis.

T & N PLC v. Pennsylvania Insurance Guaranty Ass'n

822 F. Supp. 275 · District Court, E.D. Pennsylvania · May 26, 1993

As a general rule, statutes granting powers, privileges or immunities to "corporations,” without any qualifying words, will be "construed as applicable only to domestic corporations in the absence of plain indications to … the contrary, or unless the legislative intent of the statute shall extend to foreign corporations is ■ clearly expressed in the terms of the statute.

Corrigan v. Local 6, Bakery, Confectionary & Tobacco Workers

91 F. Supp. 3d 618 · District Court, E.D. Pennsylvania · Mar 4, 2015

[The] Plan is clearly at the heart of each of plaintiffs state law claims.”). … These claims are clearly duplicative and exactly what the gist of the action doctrine seeks to prevent.

Ashland Regional Medical Center v. Shalala

2 F. Supp. 2d 675 · District Court, E.D. Pennsylvania · Apr 3, 1998

The Intermediary clearly determined, however, that reopening the cost reports would not be proper. … Furthermore, the Intermediary’s on-site review of the hospital clearly did not constitute a reopening.

ZAMICHIELI

District Court, E.D. Pennsylvania · Nov 3, 2025

These sanctions do not qualify as an ‘atypical or significant hardship’ under Sandin.”); Toussaint v. Good, 276 F. … Since the Defendants did not address this point, they have not carried their burden of establishing that they are entitled to immunity at this stage of the litigation. See, e.g, Witters v. Smith, 736 F.

United States ex rel. Spay v. CVS Caremark Corp.

913 F. Supp. 2d 125 · District Court, E.D. Pennsylvania · Dec 20, 2012

Under this definition, Plaintiffs FCA claim clearly survives Rule 12(b)(6) scrutiny. … This clearly cannot be the correct result.

WEINBERG v. LEGION ATHLETICS, INC.

District Court, E.D. Pennsylvania · Jul 21, 2023

to Immune. … Weinberg’s claim is clearly viable if brought as a companion to his negligence claims. DI 1 ¶¶ 103-14, 128-32; Steamfitters, 171 F.3d at 936.

United States v. Goldberg

206 F. Supp. 394 · District Court, E.D. Pennsylvania · Jun 26, 1962

We think the evidence was sufficient to establish that both of the returns were prepared in this District. … The jurors who passed upon his plea were all properly qualified to serve as jurors, had been carefully examined on voir dire and found acceptable.

PARIS v. COMMONWEALTH OF PENNSYLVANIA

District Court, E.D. Pennsylvania · Dec 27, 2021

App’x 583, 584 (3d Cir. 2006) (per curiam) (“A dismissal under the in forma pauperis statute also qualifies as an adjudication on the merits carrying preclusive effect for purposes of any future in forma pauperis actions … Allegations of medical malpractice and mere disagreement regarding proper medical treatment are insufficient to establish a constitutional violation. See Spruill v. Gillis, 372 F.3d 218, 235 (3d Cir. 2004).

HENRICH

District Court, E.D. Pennsylvania · Mar 26, 2026

Davis’s] clients” and that she was “fully qualified to look after [Circles.]” Id. at ¶ 63, Ex. I. Plaintiff told Smith about this conversation at some point prior to Defendants making the Post. Id. at ¶ 65. … . § 8340.18 (“If the party is immune under section 8340.15 (relating to grant of immunity), the court shall award the party attorney fees, court costs and expenses of litigation jointly and severally against each adverse

Schoenhaus v. Genesco, Inc.

351 F. Supp. 2d 320 · District Court, E.D. Pennsylvania · Jan 10, 2005

The moving party — defendants, in this case — bears the burden of establishing that there is no genuine issue of material fact, see, e.g., Adickes v. S.H. … Second, plaintiffs maintain that, no matter how “rigid” is defined, defendants’ inserts so qualify once they are buttressed by other features of the accused shoes.